The next edition of our FAQ series sees us advise a soon-to-be divorcee that’s been threatened with legal action if they don’t move out of the family home.

Q: My wife and I haven’t been getting on for some time now. Recently, we’ve been discussing divorce. I have just received a letter from the divorce solicitors saying that I have to start moving out of the marital home immediately or I’ll be taken to court.

I’m well aware that we’ll have to split up soon and sell the house as part of the divorce proceedings, but aren’t I entitled to stay in my house during the short term at least? In separation, who should move out? The house is as much mine as it is my wife’s and I’ve nowhere to live currently.

A: What you’re describing, moving out of the family home, is one of the first steps in progressing a divorce – and it’s certainly one of the most delicate issues you’ll face. But you’re right, in the short term you are entitled to stay in your home.  More...